S.I. No. 102/2007 - Social Welfare (Consolidated Occupational Injuries) Regulations 2007


S.I. No. 102 of 2007

ARRANGEMENT OF ARTICLES

PART 1

Preliminary

1. Citation.

2. Commencement.

3. Definitions.

4. Interpretation.

5. Revocations.

PART 2

Insurable (Occupational Injuries) Employment

6. Insurable (Occupational Injuries) Employment.

PART 3

Occupational Injuries

7. Injury Benefit payable to persons under the age of 16 years.

8. Assessment of disablement and prescribed degrees of disablement.

9. Amount of disablement gratuities.

10. Pension in lieu of disablement gratuities.

11. Increase of disablement pension on account of incapacity.

12. Adjustment of benefit for successive accidents where a disablement gratuity is payable.

13. Adjustment of increase of benefit in respect of successive accidents.

14. Provisions as to incapacity for work.

15. Night Workers.

16. Accident while travelling to or from work.

17. Application of the provisions of the Acts and Regulations.

PART 4

Prescribed Diseases

CHAPTER 1

General

18. Interpretation.

19. Application of articles 14 and 15 to prescribed diseases.

CHAPTER 2

Prescription of Diseases and Presumptions as to their origin

20. Description of diseases and injuries.

21. Occupational deafness.

22. Individual proof.

23. Sequela or resulting conditions.

24. Presumption of origin.

CHAPTER 3

Date of Development and Recrudescence

25. Development of disease.

26. Date of development.

27. Recrudescence.

28. Transitional Provision.

CHAPTER 4

Application of Regulations

29. Definition.

30. Disease contracted outside the State.

31. Injury Benefit.

32. Disablement benefit not preceded by injury benefit.

33. Assessment of extent of disablement.

34. Exception from requirement as to notice.

35. Provisions as to medical examination.

CHAPTER 5

Special Provisions as to Pneumoconiosis, Byssinosis, Occupational Asthma, Vibration-Induced White Finger and Occupational Deafness

36. Injury benefit not payable.

37. Byssinosis — period of assessment.

38. Pneumoconiosis — effect of tuberculosis.

39. Vibration-induced white finger — special provision.

PART 5

Claims and Payments

CHAPTER 1

General

40. Interpretation.

CHAPTER 2

General provisions relating to Claims

41. Claims.

42. Information to be given when claiming.

43. Prescribed time for claiming.

44. Claims made after due date.

CHAPTER 3

Occupational Asthma and Occupational Deafness

45. Occupational asthma — time limit for claiming benefit.

46. Occupational deafness — time limit for claiming benefit.

47. Occupational deafness — further claim.

48. Occupational deafness — period to be covered by assessment of disablement.

CHAPTER 4

Notice of Accidents

49. Notice of accidents.

50. Reporting of accidents by employers.

CHAPTER 5

Payments

51. Manner of payment.

52. Time of payment.

53. Time and manner of payment of gratuities.

54. Extinguishment of right to sums payable by way of pension which are not obtained in the prescribed time.

55. Provision of information.

CHAPTER 6

Payment to person other than the claimant or beneficiary

56. Nominated persons.

57. Payable orders.

58. Extinguishment of right to payment.

59. Persons unable to act.

60. Payment to appointed persons generally.

61. Payment to appointed persons living together with the applicant.

62. Provisions relating to appointments.

CHAPTER 7

Payments on Death

63. Payments on death.

64. Distribution of sum payable on death.

CHAPTER 8

Loss of Purchasing Power

65. Definitions.

66. Payment in respect of loss of purchasing power.

67. Calculation of amount.

68. Delay in issue of purchasing power payment.

69. Payment of an amount of costs.

70. Rounding.

CHAPTER 9

Absence from State or imprisonment

71. Absence from State

72. Exception from disqualification during penal servitude, imprisonment or detention in legal custody.

73. Suspension of payment of benefit during penal servitude, imprisonment or detention in legal custody.

CHAPTER 10

Funeral Grant

74. Claims and payments arrangements for funeral grants.

CHAPTER 11

Disqualifications

75. Disqualifications for injury benefit or disablement benefit.

SCHEDULE 1

Weekly rates of Injury Benefit payable to persons under the age of 16 years

SCHEDULE 2

Prescribed degree of disablement

SCHEDULE 3

Scale of Disablement Gratuities and of weekly rates of Pension in lieu of Disablement Gratuities

SCHEDULE 4

PART 1

Description of each Prescribed Disease or injury and nature of employment in respect of which it is prescribed

PART 2

Nature of employment in respect of which Pneumoconiosis is prescribed

SCHEDULE 5

PART 1

Assessment of the extent of Occupational Deafness

PART 2

Formula for calculating Binaural Displacement

SCHEDULE 6

Revocations

S.I. No. 102 of 2007

SOCIAL WELFARE (CONSOLIDATED OCCUPATIONAL INJURIES) REGULATIONS 2007.

Notice of the making of this Statutory Instrument was published in “Iris Oifigiúil” of 13th March, 2007.

The Minister for Social and Family Affairs, in exercise of the powers conferred on him by sections 2 (as amended by section 29 and Schedule 6 of the Social Welfare Law Reform and Pensions Act 2006 (No. 5 of 2006)), 3 (as amended by section 37 and Schedule 7 of the Social Welfare Law Reform and Pensions Act 2006 ), 4 (as amended by section 17 and Schedule 3 of the Social Welfare Law Reform and Pensions Act 2006 ), 71, 72, 74, 75, 77, 79, 84, 85, 86, 87, 88, 89, 91, 92, 93, 241 (as amended by section 17 and Schedule 3 of the Social Welfare Law Reform and Pensions Act 2006 ), 242, 243, 244 (as amended by section 29 and Schedule 6 of the Social Welfare Law Reform and Pensions Act 2006 ), 245, 247 (as amended by section 4 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 ), 249 (as amended by section 4 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 ) and 251 (as amended by section 29 and Schedule 6 of the Social Welfare Law Reform and Pensions Act 2006 ) of the Social Welfare Consolidation Act 2005 (No. 26 of 2005), hereby makes the following Regulations:

PART 1 Preliminary

Citation

1. These Regulations may be cited as the Social Welfare (Consolidated Occupational Injuries) Regulations 2007.

Commencement

2. These Regulations come into operation on 12 March 2007.

Definitions

3. In these Regulations, save where the context otherwise requires—

“claim for benefit” includes an application or a declaration that an accident was an occupational accident;

“deceased” means, in relation to death benefit, the person in respect of whose death the benefit is claimed or payable;

“funeral grant” means death benefit payable by way of a grant under section 84 of the Principal Act in respect of funeral expenses;

“gratuity” means a disablement benefit or death benefit payable by way of a gratuity;

“medical care payment” means a payment under section 86 of the Principal Act in respect of the cost of medical care;

“the Principal Act” means the Social Welfare Consolidation Act 2005 (No. 26 of 2005).

Interpretation

4. In these Regulations save where the context otherwise requires—

(a) a reference to a Part, Chapter or section is to a Part, Chapter or section of the Principal Act,

(b) a reference to a Schedule is to a Schedule to these Regulations,

(c) a reference to an article is to an article of these Regulations,

(d) a reference to a sub-article is to a sub-article of the article in which the reference occurs,

(e) a reference to a paragraph is to a paragraph of the sub-article or article in which the reference occurs.

Revocations

5. The regulations specified in column (2) of Schedule 6 are hereby revoked to the extent specified in column (3) of that Schedule.

PART 2 Insurable (Occupational Injuries) Employment

Insurable (Occupational Injuries) Employment

6. (1) The following employment shall be taken as employment for the purposes of section 71(2)(a)—

Employment in the State as a member or a person training to become a member of any fire-brigade, rescue brigade, first-aid party or salvage party at any factory or premises to which any of the provisions of the Factories Act 1955 (No. 10 of 1955), applies, or at any mine or quarry to which any of the provisions of the Mines and Quarries Act 1965 (No. 7 of 1965), applies, in any case in which such organisation is established in pursuance of an obligation imposed under statute or by or with the consent of the owner or occupier of any such factory, premises, mine or quarry.

(2) For the purposes of section 71 any employment specified in Regulations made under paragraph 4 of Part 2 of Schedule 1 to the Principal Act as being of such a nature that it is ordinarily adopted as subsidiary employment only and not as the principal means of livelihood, other than employment as a member of the Defence Forces involving service in either An Forsa Cosanta Áitiúil or An Slua Muirí for any period not in excess of 21 consecutive days, shall be taken as not being so specified.

(3)The courses prescribed for the purposes of section 71(10) shall be—

(a) a course provided or approved by An Foras Áiseanna Saothair, Teagasc or the National Tourism Development Authority, and

(b) courses established under projects approved by the Department of Enterprise, Trade and Employment and co-funded through the European Social Fund.

PART 3 Occupational Injuries

Injury benefit payable to persons under the age of 16 years

7. (1) Subject to this article, a person under the age of 16 years shall be entitled to injury benefit in accordance with the provisions of sections 74(1) to (4).

(2) The weekly rate of injury benefit in the case of any such person shall be the amount set out, as appropriate, in column (2) of Schedule 1 and such injury benefit shall not be payable otherwise than to a parent or guardian of such person or to a person appointed by the Minister to receive the benefit on behalf of such person.

(3) In column (1) of Schedule 1, “relevant employment” means any employment in which the person under the age of 16 years was or would, but for the relevant injury, have been employed during the week in which, as the result of the relevant injury, he or she first became incapable of work.

Assessment of disablement and prescribed degrees of disablement

8. (1) Section 75(4) shall have effect in accordance with this article.

(2) (a) Subject to paragraph (b), where as a result of the relevant accident the claimant has suffered an injury specified in column (1) of Schedule 2, other then a case to which sub-article (3) applies, the loss of faculty suffered by the claimant as a result of that injury shall be treated for the purposes of section 75 as resulting in the degree of disablement set against such injury in column (2) of Schedule 2.

(b) Where a person has suffered an injury referred to in paragraph (a) and specified in Schedule 2 which includes any other injury so specified, sub-article (a) shall apply only to the first-mentioned injury.

(3) Where as a result of the relevant accident the claimant has suffered an injury specified in Schedule 2, but—

(a) as a result of that injury the claimant may be expected, having regard to his or her physical and mental condition at the date of the assessment in respect of that injury, to be subject to greater disabilities than would normally be incurred as a result of such an injury, or

(b) the part of the body by which the injury was sustained would not, apart from that injury, have been normal at the date of assessment,

the loss of faculty suffered by the claimant as a result of such injury shall be assessed by reference to the degree of disablement set against such injury in column (2) of Schedule 2 subject to such adjustment as may be reasonable in the circumstances of the case.

(4) For the purposes of assessing the extent of the disablement resulting from any injury which is not specified in Schedule 2, regard as may be appropriate may be had to the provisions of sub-article (2) or sub-article (3).

Amount of disablement gratuities

9. Where the extent of a claimant’s disablement is assessed at any of the degrees of disablement severally specified in column (1) of Schedule 3, the amount of any disablement gratuity payable shall—

(a) if the period taken into account by that assessment is limited by reference to the claimant’s life or is not less than 7 years, be the amount specified in column (2) of Schedule 3 as appropriate to that degree of disablement,

(b) in any other case, be an amount which bears the same proportion to the amount so specified as the period taken into account by the assessment bears to a period of 7 years, a fraction of 5 cent being, for this purpose, treated as 5 cent.

Pension in lieu of disablement gratuities

10. Where, in accordance with the provisions of paragraph (a) of section 75(10), a claimant opts for the substitution of a pension for a gratuity, the weekly rate of the pension shall be the amount specified in column (3) of Schedule 3 as appropriate to the degree of disablement assessed in his or her case.

Increase of disablement pension on account of incapacity

11. For the purposes of paragraph (a) of section 77(2), the prescribed amount of earnings in a year shall be €1,196.

Adjustment of benefit for successive accidents where a disablement gratuity is payable

12. (1) In a case where—

(a) a person who is entitled, as a result of an accident, to disablement pension (hereafter in this article referred to as an “existing pension”) which is payable in respect of an assessment for a period which is limited by reference to that person’s life, becomes as a result of any other accident subject to a loss of faculty in respect of which disablement gratuity would, but for this article, be payable, and

(b) the aggregate amount of the assessment in respect of the existing pension and of the assessment in respect of which such disablement gratuity would be payable would, if it were the amount of the assessment of the extent of the disablement resulting from the accident which gave rise to the existing pension, have entitled him or her to receive disablement pension at a higher rate than the rate of such existing pension,

if, at any time before his or her claim for disablement benefit is determined, he or she so elects, that person shall be entitled to disablement pension in lieu of the said disablement gratuity at a rate equal to the difference between the said higher rate and the rate of the existing pension.

(2) In a case in which a person who is entitled as a result of any accident to disablement pension who would but for the provisions of this sub-article become entitled in respect of any other accident to disablement gratuity—

(a) if the assessment in respect of which such pension is payable to him or her amounts to not less than 100 per cent, such person shall not be entitled to receive any disablement gratuity in respect of such other accident,

(b) in any other case, such person shall not be entitled to receive, by way of disablement gratuity in respect of such other accident, an amount exceeding that which would be payable in respect of an assessment equal to the difference between 100 per cent and the percentage of the assessment in respect of which such pension is payable to him or her.

(3) For the purposes of sub-articles (1) and (2), references to an existing pension within the meaning of sub-article (1) and to any disablement pension in sub-article (2) respectively shall include references to all such pensions which may be payable to the person concerned, and references to the amount of the assessment in respect of which, and the rate at which, any such pension is payable shall include references to the aggregate amount of the assessments in respect of which, or the aggregate of the rates at which, all such pensions are payable.

Adjustment of increase of disablement benefit in respect of successive accidents

13. (1) Where a person who is entitled to a pension in respect of any accident suffered by him or her has received, or is entitled to, a disablement gratuity in respect of loss of faculty arising from any other accident, such loss of faculty shall, for the purposes of section 77, be treated as if it resulted from the accident in respect of which such disablement pension is payable.

(2) At any time at which the sum total of the several assessments in respect of two or more accidents suffered by any person amounts to less than 100 per cent during the continuance of the periods respectively taken into account thereby, the weekly rate of disablement pension which is payable to him or her may be increased in accordance with section 78 if he or she requires constant attendance as a result of the loss of faculty resulting from any one or more such accidents, whether or not that pension is payable in respect of an assessment of 100 per cent or in respect of that loss of faculty.

(3) A beneficiary who has suffered two or more accidents shall not be entitled at any time to more than one of each of the following increases of benefit, that is to say—

(a) by way of incapacity supplement, under section 77,

(b) in respect of the need of constant attendance, under section 78,

(c) in respect of a qualified child under section 76(2) or (3),

(d) in respect of a qualified adult under section 76(1).

Provisions as to incapacity for work

14. (1) For the purposes of the Principal Act, a person who would not otherwise be treated as incapable of work as a result of having suffered an occupational accident shall be so treated in respect of any day on which, as a result of that accident he or she satisfies the conditions specified in sub-articles (2) and (3).

(2) A person who is not incapable of work shall, if it is so decided under the Principal Act, be deemed to be incapable of work by reason of some specific disease or bodily or mental disablement for any day when—

(a) he or she is under medical care in respect of such disease or disablement and it is certified by a registered medical practitioner that by reason of such disease or disablement the person should abstain from work and he or she does not work, or

(b) he or she is a probable source of infection with a disease specified in regulations under the Health Act 1947 (No. 28 of 1947), to be an infectious disease and the person abstains from work in pursuance of a written order or written advice of a registered medical practitioner.

(3) A person who at the commencement of any day is, or thereafter on that day becomes, incapable of work by reason of some specific disease or bodily or mental disablement and does not work on that day shall be deemed to be so incapable throughout that day.

(4) Subject to section 74(4), a day shall not be treated for the purposes of occupational injuries benefit as a day of incapacity for work if an insured person—

(a) fails to prove to the satisfaction of the Minister in respect of that day that he or she is incapable of work, or

(b) does any work on that day other than work of a nature specified in article 75(6),

(c) is in respect of that day being paid by his or her employer in respect of holiday leave.

(5) (a) Subject to paragraph (b), a day shall not be treated for the purposes of occupational injuries benefit as a day of incapacity for work if it is a day in respect of which a person has not claimed, or is disqualified for receiving injury benefit.

(b) A day not treated as a day of incapacity for work, referred to in paragraph (a), shall be disregarded for the purpose of section 75(3).

Night Workers

15. (1) For the purposes of occupational injuries benefit, the following shall apply in relation to night workers.

(2) Subject to sub-article (3), where a period of employment begun on any day extends over midnight into the following day, the person employed shall, in respect of such period—

(a) be treated as having been employed on the first day only, if the employment before midnight is of longer duration than that after midnight, and, in that case, the first day shall not be treated as a day of incapacity for work, or

(b) be treated as having been employed on the second day only, if the employment after midnight is of longer duration than that before midnight, or if the employments before and after midnight are of equal duration, and, in either of these cases, the second day shall not be treated as a day of incapacity for work.

(3) Where a person—

(a) suffers an occupational accident during any such period of employment as is referred to in sub-article (2), and

(b) is thereby immediately rendered incapable of work,

sub-article (2) shall apply, subject to the following qualifications—

(i) if the period of employment before midnight would, apart from the onset of the incapacity, have been of longer duration than that after midnight, the first of the two days shall be treated as the day of the accident and the person employed shall in respect of such period be treated as employed on that day only, and

(ii) nothing in sub-article (2) shall be taken as preventing the day of the accident or the day which is to be treated as the day of the accident from being treated as a day of incapacity for work.

(4) Where a person—

(a) is by virtue of any of this article to be treated as having been employed on one day only of the two days, and

(b) throughout that part of the other of those two days during which that person is not employed, is, or is to be treated in accordance with regulations as, incapable of work as a result of an occupational accident,

that person shall be treated as being so incapable of work throughout that other of those two days.

(5) Where a person—

(a) is, by virtue of paragraph (b) of sub-article (2), to be treated as having been employed on the second day only of two days, and

(b) throughout the day immediately preceding the first of those two days, is, or is to be treated in accordance with regulations as, incapable of work as a result of an occupational accident,

that person shall be treated as being so incapable of work throughout the first of those two days.

Accident while travelling to or from work

16. The following conditions are hereby prescribed for the purposes of section 72(4) in relation to an insured person—

(a) in the case of an accident while travelling to work, shall be engaged in travelling to his or her place of employment at the time with a view to carrying out the duties of his or her employment, such journey being an unbroken journey from his or her normal place of residence, or

(b) in the case of an accident while travelling from work, shall be engaged in travelling directly, after he or she had completed the duties of employment, from his or her place of employment in an unbroken journey to his or her normal place of residence.

Application of the provisions of the Act and Regulations

17. Sections 241, 242, 281 and 283 shall apply in relation to payments made under section 86 as they apply to benefit.

PART 4 Prescribed Diseases

CHAPTER 1 General

Interpretation

18. (1) Save where the context otherwise requires, references in these Regulations to accidents shall be construed as references to prescribed diseases, references to the relevant accident shall be construed as references to the relevant disease and references to the date of the relevant accident shall be construed as references to the date of development of the relevant disease.

(2) In this Part—

“asbestos textiles” means yarn or cloth composed of asbestos or of asbestos mixed with any other material;

“coal mine” means any mine where one of the objects of the mining operation is the getting of coal (including bituminous coal, cannel coal, anthracite, lignite and brown coal);

“foundry” means those parts of industrial premises where the production of metal articles (other than pig iron or steel ingots) is carried on by casting (not being diecasting or other casting in metal moulds), together with any part of the same premises where any of the following processes are carried on incidentally to such production, namely, the drying and subsequent preparation of sand for moulding (including the reclamation of used moulding sand), the preparation of moulds and cores, knock-out operations and dressing or fettling operations;

“grindstone” means a grindstone composed of natural or manufactured sandstone and includes a metal wheel or cylinder into which blocks of natural or manufactured sandstone are fitted;

“insured person” means a person insured under Chapter 13 of Part 2 of the Principal Act;

“mine” includes every shaft in the course of being sunk, and every level and every inclined plane in the course of being driven, and all shafts, levels, planes, works, tramways and sidings, both below ground and above ground, in and adjacent to and belonging to the mine, but does not include any part of such premises on which any manufacturing process is carried on other than a process ancillary to the getting or dressing of minerals or the preparation of minerals for sale;

“occupational asthma” means the disease numbered D.1 in Part 1 of Schedule 4;

“occupational deafness” means the disease numbered A.11 in Part 1 of Schedule 4;

“pneumoconiosis” means fibrosis of the lungs due to mineral dust including silica dust, asbestos dust and coal dust, and includes the condition of the lungs known as dust reticulation but does not include byssinosis;

“prescribed disease” means a disease or injury prescribed under Chapter 2 of this Part of these Regulations and reference to a prescribed disease being contracted shall be deemed to include reference to a prescribed injury being received;

“silica rock” means quartz, quartzite, ganister, sandstone, gritstone and chert, but not natural sand or rotten rock;

“tuberculosis” in the description of the disease numbered B.8 in Part 1 of Schedule 4 means a disease due to tuberculous infection, but when used elsewhere in these Regulations in connection with pneumoconiosis means tuberculous of the respiratory system only;

“vibration-induced white finger” in the description of the disease A.13 in Part 1 of Schedule 4 means traumatic vasospasm of at least two distal phalanges of three or more digits of one hand, occurring without seasonal intermission;

“non-endemic infectious or parasitic diseases” in the description numbered B.10 in Part 1 of Schedule 4 means infectious or parasitic diseases which are not endemic in the State and include malaria, leprosy, yellow fever, leishmaniasis and toxoplasmosis.

Application of articles 14 and 15 to prescribed diseases

19. (1) Save as provided in the following sub-articles, article 14 and article 15 shall apply to a person who has contracted or sustained a disease or injury against which he or she was insured under section 87 (in this article referred to as a “prescribed disease case”) as they apply to a person who has suffered an occupational accident, and the references to an occupational accident in article 14 shall be construed accordingly.

(2) In considering the application to a prescribed disease case of article 32, sub-article 14(3) shall be disregarded.

(3) Sub-article 15(3) shall not apply in a prescribed disease case.

CHAPTER 2 Prescription of Diseases and Presumptions as to their origin

Description of diseases and injuries

20. For the purpose of section 87—

(a) Subject to paragraphs (b) and (c), each disease or injury set out in column (1) of Part 1 of Schedule 4 is prescribed in relation to all insured persons who have been employed on or after 1 May 1967 in insurable (occupational injuries) employment in any occupation set against such disease or injury in column (2) of Schedule 4,

(b) Pneumoconiosis is prescribed—

(i) in relation to all insured persons who have been employed on or after 1 May 1967 in insurable (occupational injuries) employment in any occupation set out in Part 2(A) of Schedule 4; and

(ii) in relation to all other insured persons who have been employed on or after 1 May 1967 in insurable (occupational injuries) employment in an occupation set out in Part 2(B) of Schedule 4 and who have not worked at any time (whether in insurable (occupational injuries) employment or not) in any occupation in relation to which pneumoconiosis is prescribed by virtue of paragraph (i) of this sub-article, and

(c) Occupational deafness is prescribed in relation to all insured persons who have been employed—

(i) in insurable (occupational injuries) employment at any time on or after 1 May 1967, and

(ii) for a period or periods (whether before, on or after 1 May 1967) amounting in the aggregate to not less than 10 years in any occupation set against the disease in column (2) of paragraph A.11 of Part 1 of Schedule 4.

Occupational deafness

21. (1) For the purpose of this article—

“the better ear” means that ear in which the claimant’s hearing loss due to all causes is the lesser;

“the worse ear” means that ear in which the claimant’s hearing loss due to all causes is the greater.

(2) Subject to sub-article (3), section 75(4) shall have effect in relation to occupational deafness.

(3) The extent of disablement in respect of occupational deafness shall, subject to such adjustment as may be reasonable in the circumstances of the case, be assessed at the percentage calculated by applying the formula set out in Part 2 of Schedule 5 to the percentages specified in column (2) of Part 1 of Schedule 5 opposite the appropriate amount of hearing loss in the better ear and the worse ear respectively specified in column (1) of Part 1 of Schedule 5, being the total hearing loss due to all causes, measured in each case by pure tone audiometry over the 1, 2 and 3 kilohertz frequencies.

Individual proof

22. (1) Notwithstanding article 24, where an insured person has developed a disease, other than occupational deafness, which is prescribed in relation to that person in Part 1 or Part 2 of Schedule 4, that disease may, subject to the agreement of the Minister and sub-article (2), be regarded as being due to the nature of that person’s insurable (occupational injuries) employment where such employment is not prescribed in Part 1 or Part 2 of Schedule 4.

(2) A claimant shall, for the purposes of establishing whether a disease prescribed in Part 1 or Part 2 of Schedule 4 has been due to the nature of that person’s (occupational injuries) employment, provide and furnish evidence, including medical reports, documentation and such information as may be required by the Minister.

Sequela or resulting conditions

23. Where a person—

(a) is insured under Chapter 13 of Part 2 of the Principal Act against a prescribed disease, and

(b) is suffering from a condition which in his or her case has resulted from that disease,

section 87 and this Part shall apply to him or her as if he or she were suffering from that disease, whether or not the condition from which he or she is suffering is itself a prescribed disease.

Presumption of origin

24. (1) Subject to sub-article (2), where an insured person has developed a disease, other than a disease numbered B.10, D.2 or D.3 in Part 1 of Schedule 4, which is prescribed in relation to him or her in that Part of the Schedule, that disease shall, unless the contrary is proved, be presumed to be due to the nature of his or her insurable (occupational injuries) employment if that employment was in any occupation set against that disease in column (2) of Part 1 of Schedule 4 and he or she was so employed on or at any time within 1 month immediately preceding the date on which, under the provisions of this Part, he or she is treated as having developed the disease.

(2) (a) Where an insured person in relation to whom either occupational deafness or byssinosis is prescribed has developed the disease, that disease shall, unless the contrary is proved, be presumed to be due to the nature of his or her insurable (occupational injuries) employment.

(b) Where an insured person in relation to whom either of the following diseases is prescribed has developed the disease, that disease shall, unless the contrary is proved, be presumed to be due to the nature of his or her insurable (occupational injuries) employment where—

(i) in respect of tuberculosis, the date on which under the provisions of this Part he or she is treated as having developed the disease is not less than 6 weeks after the date on which he or she was first employed in any occupation—

(I) set against the disease in column (2) of paragraph B.8 of Part 1 of Schedule 4, or

(II) established under article 22, the nature of which has resulted in the development of tuberculosis,

and not more than 2 years after the date on which he or she was last so employed in insurable (occupational injuries) employment;

(ii) in respect of pneumoconiosis, he or she has been employed in any occupation—

(I) set out in Part 2(A) of Schedule 4, or

(II) established under article 22, the nature of which has resulted in the development of pneumoconiosis,

for a period or periods amounting in the aggregate to not less than 2 years in employment which was either insurable (occupational injuries) employment, or would have been insurable (occupational injuries) employment if it had taken place on or after 1 May 1967.

CHAPTER 3 Date of Development and Recrudescence

Development of disease

25. Where in respect of a claim for benefit under section 87 in respect of a prescribed disease the insured person is found to be or to have been suffering from the disease, or to have died as a result thereof, the disease shall, for the purpose of such claim, be treated as having developed on a date (hereafter referred to as “the date of development”) determined in accordance with articles 26 and 27.

Date of development

26. (1) (a) Subject to paragraph (b), for the purposes of the first claim in respect of a prescribed disease suffered by an insured person, the date of development shall be determined in accordance with this article and, save as provided in article 27, that date shall be treated as the date of development for the purposes of any subsequent claim in respect of the same disease suffered by the same person.

(b) Where, on the consideration of a claim referred to in paragraph (a), an award of benefit is not made, any date of development determined for the purposes of that claim shall be disregarded for the purposes of any subsequent claim.

(2) Where a claim for the purposes of which the date of development is to be determined is—

(a) a claim for injury benefit, the date of development shall be either the first day on or after 1 May 1967 on which the claimant was incapable of work as a result of the disease or, where applicable, the date from which benefit is payable, or

(b) a claim for disablement benefit, the date of development shall be either the day on or after 1 May 1967 on which the claimant first suffered from the relevant loss of faculty or, where applicable, the date from which benefit is payable, or

(c) a claim for death benefit, the date of development shall be the date of death.

(3) In sub-article (2), “the date from which benefit is payable” means, in relation to any claim, the first day of the period in respect of which benefit may be paid on that claim having regard to article 43 or may have been so paid but for section 74(2).

Recrudescence

27. (1) Where an insured person has been awarded benefit under section 87 in respect of a prescribed disease other than pneumoconiosis, byssinosis, occupational asthma or occupational deafness and has recovered wholly or partially and thereafter suffers a further attack of the same disease, or dies as a result of such attack—

(a) where the further attack of the disease commences or the death occurs during an injury benefit period or during a period taken into account by an assessment of disablement relating to such a previous award (either of which period is referred to as a “relevant period”) it shall be treated as a recrudescence of the attack to which the relevant period relates except where, having regard to the particular circumstances relating to the further attack it is found that the disease was contracted or received afresh, in which case it shall be then so treated,

(b) where the further attack of the disease commences or the death occurs on a date outside a relevant period, it shall be treated as having been contracted or received afresh, and

(c) for the purposes of this sub-article, the date on which the further attack of the disease commenced shall be the date deemed to be the date of development under the provision of article 26 applied as though no previous claim had been made in respect of the disease.

(2) Where, in accordance with this article, a disease is treated as having been contracted afresh, the provisions of article 26 shall be applied as though no previous claim had been made in respect of that disease and the date of development shall be determined accordingly.

(3) Where, in accordance with this article, a disease is treated as a recrudescence during a period taken in to account by a previous assessment of disablement, any assessment of disablement in respect of the recrudescence shall be by way of revision of such previous assessment.

Transitional provision

28. Where, under this Part of these Regulations a date of development must be determined for the purpose of a claim for benefit in respect of pneumoconiosis or byssinosis suffered by a claimant who is or has been entitled in respect of the same disease to any compensation under the Workmen’s Compensation Acts, the disease in respect of which the claim is made shall be treated for the purpose of these Regulations as not having developed on or after 1 May 1967.

CHAPTER 4 Application of Regulations

Definition

29. In this Chapter, “relevant disease” means, in relation to any claim for benefit in respect of a prescribed disease, the prescribed disease in respect of which benefit is claimed, but does not include any previous or subsequent attack of that disease, suffered by the same person, which, under Chapter 3 of this Part, is or has been treated—

(a) as having developed on a date other than the date which, under the said provisions, is treated as the date of development for the purposes of the claim under consideration, or

(b) as a recrudescence of a disease for which compensation has been paid or awarded under the Workmen’s Compensation Acts.

Disease contracted outside the State

30. Subject to articles 98 and 101 of the Social Welfare (Consolidated Contributions and Insurability) Regulations 1996 ( S.I. No. 312 of 1996 ), for the purpose of determining whether a prescribed disease is, or, in accordance with Chapter 2 of Part 4 of these Regulations is presumed to be, due to the nature of the person’s insurable (occupational injuries) employment, that person shall be regarded as not being or as not having been in insurable (occupational injuries) employment during any period for which he or she is or was outside the State, and accordingly occupational injuries benefit shall not be payable in respect of a prescribed disease which is due to the nature of employment in an occupation in which the insured person has been engaged only outside the State.

Injury benefit

31. (1) Section 74(4) (which provides that in determining whether the insured person is incapable of work on the day of the accident, any part of that day before the occurrence of the accident shall be disregarded) shall not apply.

(2) Save as provided in article 32, the injury benefit period shall begin with the date of the development.

Disablement benefit not preceded by injury benefit

32. Where an insured person, not having been entitled to injury benefit in respect of a relevant disease, claims disablement benefit in respect of that disease, and in accordance with Chapter 3 of Part 4 of these Regulations, a date of development is determined for the purposes of that claim, the following shall apply—

(a) Section 75(3) (which relates to the period for which disablement benefit is not available) shall not apply and the claim shall be treated as if there had been no injury benefit period,

(b) Section 75(6) (which relates to the period to be taken into account by an assessment of the extent of the claimant's disablement) shall have effect as if for references therein to the end of the injury benefit period were substituted by references to the date of development.

Assessment of extent of disablement

33. For the purposes of paragraph (b) of section 75(4) (which relates to the disabilities to be taken into account in assessing the extent of the claimant’s disablement) an injury or disease other than the relevant disease shall be treated as having been received or contracted before the relevant disease if it was received or contracted on or before the date of development, and as having been received or contracted after the relevant disease if it was received or contracted after that date.

Exception from requirement as to notice

34. Article 49 (which relates to the giving of notice of accidents in respect of which benefit may be payable) shall not apply in relation to prescribed diseases.

Provisions as to medical examination

35. (1) Section 91 (which relates to the disqualification for injury benefit or disablement benefit and suspension of proceedings where a claimant or beneficiary fails without good cause to submit to medical examination for the purpose of determining the effect of the relevant accident), shall apply to medical examinations for the purpose of determining whether a claimant or beneficiary is suffering or has suffered from a prescribed disease, and article 75 shall, subject to sub-article (2), be construed accordingly.

(2) Article 75(4)(b) (which relates to the giving of notice to the registered medical practitioner in attendance on the person required to submit himself or herself for examination in respect of his or her claim or entitlement to injury benefit or disablement benefit) shall not apply in relation to prescribed diseases.

CHAPTER 5 Special Provisions as to Pneumoconiosis, Byssinosis, Occupational Asthma, Vibration-Induced White Finger and Occupational Deafness

Injury benefit not payable

36. Injury benefit shall not be payable in respect of pneumoconiosis, byssinosis, occupational asthma or occupational deafness and accordingly article 32 shall apply to every claim for disablement benefit in respect of any of these diseases.

Byssinosis — period of assessment

37. Further to the provisions of section 75(6), the period to be taken into account by an assessment of the extent of the claimant's disablement resulting from byssinosis, shall be not less than one year.

Pneumoconiosis — effect of tuberculosis

38. Where any claimant is found to be suffering from pneumoconiosis accompanied by tuberculosis, the effects of the tuberculosis shall be treated for the purposes of section 87 and these Regulations as if they were effects of the pneumoconiosis.

Vibration-induced white finger — special provision

39. Where a claimant in respect of vibration-induced white finger who has traumatic vasospasm of a phalanx or phalanges of one hand is at the loss of a phalanx or phalanges of that hand, it shall be assumed for purposes of the claim that such missing phalanx or phalanges would have been subject to traumatic vasospasm.

PART 5 Claims and Payments

CHAPTER 1 General

Interpretation

40. In this Part—

“benefit” means occupational injuries benefit under Chapter 13 of Part 2 of the Principal Act;

“claim for benefit” includes an application for a declaration that an accident was an occupational accident;

“deceased” means in relation to death benefit, the person in respect of whose death the benefit is claimed or payable;

“funeral grant” means death benefit payable by way of grant under section 84;

“gratuity” means disablement benefit or death benefit payable by way of a gratuity.

CHAPTER 2 General Provisions relating to Claims

Claims

41. Every claim for benefit (including any increase thereof) or claim for medical care payment shall be made to the Minister in the form for the time being approved by the Minister or in such other manner as the Minister may accept as sufficient in the circumstances.

Information to be given when claiming

42. Every person who makes a claim for a benefit or a medical care payment shall furnish such certificates, documents, information and evidence for the purpose of deciding the claim as may be required by the Minister and, if so required, shall for that purpose attend at such office or place as the Minister may direct.

Prescribed time for claiming

43. The prescribed time for making a claim shall be—

(a) in the case of injury benefit, the period of 21 days commencing on the first day of incapacity in respect of which the claim is made,

(b) in the case of disablement benefit, the period of 3 months commencing on the first day on which, apart from satisfying the conditions of making a claim, the conditions for the receipt of that benefit are satisfied,

(c) in the case of an increase of disablement benefit under sections 77 or 78, on the grounds respectively of being incapable of work or in need of constant attendance, the period of 3 months commencing on the first day on which, apart from satisfying the condition of making a claim, the conditions for the receipt of the relevant increase of benefit are satisfied,

(d) in the case of death benefit, the period of 3 months commencing on the date of death of the deceased,

(e) in the case of medical care, 6 weeks from the date of commencement of such care.

Claims made after due date

44. (1) In this article “benefit” means occupational injuries benefit, which shall comprise injury benefit, disablement benefit, death benefit and medical care.

(2) Where a claim in respect of benefit is made in respect of any period which is greater than that allowed under section 241(2), the period in respect of which payment may be made before the date on which the claim is made, shall be extended to a period calculated in accordance with this article, where it is shown to the satisfaction of a deciding officer or an appeals officer that the person was entitled to the benefit.

(3) In any case where the delay in making the claim is due to information given by an officer of the Minister to the person or a person appointed to act on his or her behalf, the period for which payment may be made shall be—

(a) the period between the date of claim and the date information was given by an officer of the Minister plus a period equal in duration to that allowed under section 241(2), or

(b) the period between the date of claim and the date entitlement commenced, or

(c) such part of the period referred to in paragraph (a) for which a person was entitled to the benefit, or

(d) such part of the period referred to in paragraph (b) for which the person was entitled to the benefit,

whichever is the shorter period.

(4) Subject to sub-article (5), in any case where the delay in making the claim was due to a person being so incapacitated that he or she was unable to make a claim or appoint a person to act on his or her behalf, the period for which payment may be made shall be—

(a) the period for which such incapacity continued plus a period equal in duration to that allowed under section 241(2), or

(b) the period between the date of claim and the date entitlement commenced, or

(c) such part of the period referred to in paragraph (a) for which the person was entitled to the benefit, or

(d) such part of the period referred to in paragraph (b) for which the person was entitled to the benefit,

whichever is the shorter period.

(5) A claim referred to in sub-article (4), shall be made—

(a) where the person ceases to be incapacitated, before or within a period equal in duration to that for which payment is allowed under section 241(2), or

(b) where, at the date of claim, a person continues to be so incapacitated that he or she is unable to make a claim or appoint a person to act on his or her behalf, within the period for which such incapacity continued plus a period equal in duration to that allowed under section 241(2).

(6) Subject to sub-article (7), in any case where the delay in making the claim was due to a person suffering an event which is a force majeure, the period for which payment may be made shall be—

(a) the period for which such force majeure continued plus a period equal in duration to that allowed under section 241(2), or

(b) the period between the date of claim and the date entitlement commenced, or

(c) such part of the period referred to in paragraph (a) for which the person was entitled to the benefit, or

(d) such part of the period referred to in paragraph (b) for which the person was entitled to the benefit,

whichever is the shorter period.

(7) A claim referred to in sub-article (6), shall be made—

(a) when the event which is a force majeure ceases, before or within a period equal in duration to that for which payment is allowed under section 241(2), or

(b) where, at the date of claim, a person continues to suffer an event which is a force majeure, within the period for which such force majeure continued plus a period equal in duration to that allowed under section 241(2).

(8) In any case where a person has a current level of financial indebtedness which cannot reasonably be financed from—

(a) current income, including payments made or due under this article, or

(b) the disposal of current assets, or

(c) any combination of said income or disposal of said assets,

payment shall be made from—

(i) the date of entitlement, or

(ii) whatever date after the date of entitlement appears appropriate to the deciding officer or appeals officer.

CHAPTER 3 Occupational Asthma and Occupational Deafness

Occupational asthma — time limit for claiming benefit

45. (1) Subject to sub-articles (2) and (3) disablement benefit shall not be payable in respect of occupational asthma where the claim is made later than 10 years after the date on which the insured person, in respect of whom the claim was made ceased to be employed in any occupation—

(a) prescribed in relation to occupational asthma, or

(b) established under article 22, the nature of which has resulted in the development of occupational asthma.

(2) Sub-article (1) shall not apply to any claim made by or in respect of an insured person who has at any time been found to be suffering from asthma as a result of an occupational accident and who by virtue of that finding has been awarded disablement benefit either for life or for a period which includes the date from which the claim for disablement pension was made.

(3) Subject to sub-article (4), occupational injuries death benefit shall not be paid in respect of occupational asthma where the insured person, in respect of whose death the benefit has been claimed, died more than 10 years after the date on which he or she ceased to be employed in any occupation prescribed in relation to occupational asthma.

(4) Sub-article (3) shall not apply to any claim made in respect of the death of an insured person who had at any time been found to be suffering either from asthma as a result of an occupational accident or from occupational asthma and who by virtue of that finding had been awarded disablement benefit either for life or for a period which included the date of his or her death.

Occupational deafness — time limit for claiming benefit

46. (1) Article 43 shall not apply in relation to occupational deafness.

(2) Disablement benefit shall not be payable in respect of occupational deafness which is made later than 5 years after the latest date, before the date of the claim, on which the claimant worked in an occupation prescribed in relation to occupational deafness.

Occupational deafness — further claim

47. Where a claimant for disablement benefit in respect of occupational deafness is found not to satisfy the minimum hearing loss requirement prescribed in column (1) of paragraph A.11 of Part 1 of Schedule 4, disablement benefit shall not be payable to him or her in respect of a further claim except—

(a) where such further claim is made after the expiration of 3 years from the date of a claim which was disallowed because the claimant was not suffering from occupational deafness, or

(b) where such further claim is made after the expiration of 3 years from the date the extent of his disablement has been reassessed at less than 20 per cent, or

(c) where the claimant would otherwise be precluded by article 46(2) from making a further claim after the expiration of 3 years from the date of the disallowed claim or from the date the extent of his or her disablement has been reassessed at less than 20 per cent, as the case may be, and it is the first claim made since that date and is made within 5 years from the latest date before the date of the further claim on which he or she worked in an occupation prescribed in relation to occupational deafness.

Occupational deafness — period to be covered by assessment of disablement

48. (1) Subject to section 75(6), every initial assessment of the extent of a claimant’s disablement in respect of occupational deafness shall be a provisional assessment and the period to be taken into account by such an assessment shall be a period of 5 years.

(2) The period to be taken into account by any subsequent reassessment of the extent of the claimant’s disablement in respect of occupational deafness, if not limited by reference to the claimant’s life, shall be not less than 5 years.

CHAPTER 4 Notice of Accidents

Notice of accidents

49. (1) Every insured person who suffers personal injury by accident in respect of which occupational injuries benefit or any amount under section 86 may be payable, shall, himself or herself or by some person acting on his or her behalf, give notice of such accident either in writing or orally as soon as is practicable after the occurrence thereof.

(2) Every notice given in accordance with sub-article (1) shall contain the appropriate particulars and shall be given to the person who is the insured person’s employer at the time of the accident or (if there is more than one employer) to one of such employers, or to any foreman or other official under whose supervision the insured person is employed at the time of the accident or to any person designated for the purpose by the employer.

(3) Any entry of the appropriate particulars of an accident made in a book kept for that purpose in accordance with article 50 shall, if made as soon as practicable after the occurrence of an accident by the insured person or by some person acting on his or her behalf, be sufficient notice of the accident for the purpose of this article.

(4) In this article and in article 50, “the appropriate particulars” means the following particulars:

(a) the name, address and occupation of the injured person,

(b) the date and time of the accident,

(c) the place where the accident occurred,

(d) the cause and nature of the injury,

(e) the name, address and occupation of the person giving the notice, where the notice is given by a person other than the injured person.

(5) In a case of failure without good cause to give notice in accordance with sub-articles (1) to (4), the decision on any claim for occupational injuries benefit or any amount under section 86 arising out of an accident may be suspended until such time as the notice is given.

(6) Where an insured person who suffers personal injury by accident in respect of which occupational injuries benefit or any amount under section 86 may be payable, dies as a result of the accident before giving notice thereof in accordance with sub-article (1), the said notice may be given by any other person.

Reporting of accidents by employers

50. (1) Every employer shall take reasonable steps to investigate the circumstances of every accident of which notice is given to him or her or to his or her servant or agent in accordance with article 49 and, if there appears to him or her to be any discrepancy between the circumstances found by him or her as a result of his or her investigation and the circumstances appearing from the notice so given, he or she shall record the circumstances so found.

(2) Every employer who is required to do so by the Minister shall furnish to an officer of the Minister, within such reasonable time as may be required, such information and particulars as may be required of—

(a) any accident or alleged accident in respect of which occupational injuries benefit or any amount under section 86, may be payable to a person or in respect of the death of a person, employed by him or her at the time of the accident or alleged accident,

(b) the nature of and other relevant circumstances relating to any occupation prescribed for the purposes of section 87, in which any person to whom or in respect of whose death, benefit under that section or any amount under section 86, may be payable, was or is alleged to have been employed by him or her,

(c) the remuneration provided by him or her in respect of an employment in relation to which occupational injuries benefit or weekly payments under section 85, may be payable to a person who is or has been employed by him or her, and any other information which may be required for the determination of a claim for occupational injuries benefit or for weekly payments under section 85.

(3) Every owner or occupier (being an employer) of any mine or quarry to which any of the provisions of the Mines and Quarries Act 1965 (No.7 of 1965) applies or of any premises to which any of the provisions of the Factories Act 1955 (No. 10 of 1955) apply to keep readily accessible a book in a form approved by the Minister in which the appropriate particulars (as defined in article 49) of any accident involving any person employed at such mine, quarry or premises may be entered by such person or some other person acting on his or her behalf.

(4) Any person who fails to comply with this article shall be guilty of an offence.

CHAPTER 5 Payments

Manner of payment

51. (1) Benefit, including a medical care payment, shall be payable in accordance with a decision under the Principal Act as soon as is reasonably practicable thereafter in such manner as the Minister may determine in any particular case or classes of case.

(2) Subject to sub-article (3), the manner of payment under sub-article (1) shall comprise—

(a) an order payable at a post office designated by the claimant or where the Minister considers it appropriate, at a post office designated by the Minister,

(b) a cheque issued by post or otherwise to a claimant or beneficiary at his or her place of residence,

(c) by electronic fund transfer to an account nominated by the claimant or beneficiary and where the benefit is so paid, the claimant or beneficiary shall be deemed to have received such payment,

(d) in cash payable at a post office.

(3) The Minister may arrange for the payment of benefit otherwise than in accordance with sub-article (2) where the circumstances so warrant.

Time of payment

52. (1) Subject to sub-article (3), benefit shall be paid—

(a) in the case of injury benefit and a medical care payment on such days and at such intervals as the Minister may determine in any particular class or classes of case,

(b) in the case of disablement pension, disablement gratuity payable by instalments and death benefit by way of pension, weekly in advance on the Friday of each week.

(2) (a) Where the day from which a payment or a change in the rate of a payment under paragraph (b) of sub-article (1) takes effect is a day of the week other than a Friday such payment or the change in the rate of such payment shall take effect as from and including the next following Friday,

(b) Where a payment under paragraph (b) of sub-article (1) ceases to be payable as from and including a day of the week other than a Friday, such payment shall continue to be payable in respect of the days of the week up to but not including the next following Friday.

(3) The Minister may in any particular case or classes of case, arrange for the payment of any benefit other than in advance or otherwise.

Time and manner of payment of gratuities

53. (1) Subject to this article, every gratuity shall be payable in one sum.

(2) A disablement gratuity may be paid by instalments of such amounts and at such times as appear to the Minister to be reasonable in the circumstances of any particular case or classes of case, if—

(a) the beneficiary is, at the date of the award of the gratuity, under the age of 18 years, or

(b) the amount of the gratuity awarded exceeds €67 and the beneficiary requests that payments thereof shall be made by instalments.

(3) A gratuity or any part of a gratuity, shall not, unless the Minister in any case or classes of case otherwise decides, be payable until after the expiration of the time limited for any appeal against the decision on which the award of such benefit is based or, where such an appeal is brought, until after the decision on appeal has been given.

Extinguishment of right to sums payable by way of pension which are not obtained in the prescribed time

54. (1) Subject to sub-article (2), where benefit has been awarded and is being paid to a person, the right to any sum payable by way of the benefit shall be extinguished where payment of the benefit is not obtained within 6 months.

(2) Sub-article (1) shall not apply in respect of any benefit where a deciding officer or an appeals officer is satisfied that entitlement to the payment exists and where—

(a) the sum payable is not received within the time allowed in sub-article (1) due to the mental or other incapacity of the beneficiary or his or her approved agent, or

(b) in any other case where the deciding officer or appeals officer is satisfied that there was good cause for the delay in claiming the payment within the time allowed in sub-article (1).

Provision of information

55. (1) Every claimant or beneficiary and every person by whom any benefit or medical care payment is receivable on behalf of a claimant or beneficiary shall—

(a) furnish in such manner and at such times as an officer of the Minister may determine, such certificates, documents and information affecting the right to benefit or medical care payment or to the receipt thereof as the said officer may require, and

(b) notify the Minister of any change in circumstances which affects the right to benefit or medical care payment, or to the receipt thereof, as soon as is reasonably practicable thereafter.

(2) Where any sum is receivable on account of an increase of benefit or medical care payment in respect of a qualified adult the beneficiary shall, in such cases or classes of cases as the Minister may direct, furnish a declaration signed by such qualified adult confirming the particulars in respect of him or her furnished by the claimant.

CHAPTER 6 Payment to persons other than the claimant or beneficiary

Nominated persons

56. (1) A claimant or beneficiary may nominate another person to receive payment of such benefit on his or her behalf and, subject to the consent of the Minister, such benefit may be payable to the person so nominated.

(2) Every nomination under sub-article (1)—

(a) shall be made to the Minister in the form for the time being approved by the Minister, and

(b) may be revoked by the claimant or beneficiary on giving notice in writing of that fact to the Minister.

(3) The Minister may, where he or she considers it appropriate, withdraw his or her consent to a nomination under sub-article (1) and in such case the person so nominated shall, on receipt of a notice of such withdrawal, deliver to the Minister the order book issued to him or her, if any.

Payable orders

57. (1) In the case of benefit payable by means of an order, the Minister shall cause arrangements to be made whereby, on furnishing such evidence as to identity and such other particulars as may be required, a claimant or beneficiary shall obtain a book of orders.

(2) A book of orders issued to any person shall remain the property of the Minister.

(3) Any person having a book of orders or any unpaid orders in respect of benefit or medical care payment shall at the request of an officer of the Minister, deliver such orders to such person as the officer may direct.

(4) A person who fails to comply with articles 55(1) or 56(3) or sub-article (3) of this article shall be guilty of an offence.

Extinguishment of right to payment

58. (1) Subject to sub-article (2), where benefit has been awarded and is in payment to a person, the right to any sum payable by way of the benefit shall be extinguished where payment of the benefit is not obtained within 6 months.

(2) Sub-article (1) shall not apply in respect of any benefit where a deciding officer or an appeals officer is satisfied that entitlement to the payment exists and where—

(a) the sum payable is not received within the time allowed in sub-article (1) due to the mental or other incapacity of the beneficiary or his or her approved agent, or

(b) in any other case where a deciding officer or appeals officer is satisfied that there was good cause for the delay in claiming the payment within the time allowed in sub-article (1).

Persons unable to act

59. (1) Where a claimant or beneficiary is

(a) unable for the time being to act, or

(b) under the age of 16 years,

the Minister may, subject to such conditions as he or she thinks fit, appoint some other person to exercise, on behalf of the claimant or beneficiary, any right or power which the claimant or beneficiary may be entitled to exercise under the Principal Act and any such person may receive and deal with any sum payable by way of benefit or medical care payment on behalf of the claimant or beneficiary.

(2) An appointment made under sub-article (1) shall terminate on the day on which the Minister receives notice that a Committee of the estate of the claimant or beneficiary has been appointed.

(3) Anything required to be done under the Principal Act by a claimant or beneficiary in relation to benefit or medical care payment may be done as respects a claimant or beneficiary who is unable to act by the person appointed under sub-article (1) to act on his or her behalf.

Payment to appointed persons generally

60. The Minister may, where it appears to him or her that the circumstances so warrant, appoint a person to receive and deal with, on behalf of a claimant or beneficiary so much of the benefit as is payable in respect of injury benefit or disablement pension by virtue of section 76.

Payment to appointed persons living together with the applicant

61. Notwithstanding article 60, in the case of a claimant or beneficiary who is living together with a person in respect of whom he or she is entitled to or in receipt of an increase of benefit, for a qualified adult, the Minister may, where the circumstances so warrant, appoint the qualified adult to receive and deal with on behalf of the claimant or beneficiary in respect of—

(a) injury benefit, so much of the benefit as is payable by virtue of section 76(2), together with one half of the benefit as is payable by virtue of sections 74(5) and 76(1),

(b) disablement pension, so much of the pension as is payable in respect of a qualified child or qualified children by virtue of section 76(2), together with one half of the aggregate sum of

(i) the increase of pension as is payable in respect of a qualified adult by virtue of section 76(1), and

(ii) the increase of pension as is payable on account of incapacity supplement by virtue of section 77(1).

Provisions relating to appointments

62. (1) In the case of an appointment made under articles 59, 60 and 61, the Minister may revoke an appointment and a person appointed may resign on giving 1 month’s notice of his or her intention to do so to the Minister.

(2) The receipt by a person appointed under articles 59, 60 and 61 for any amount payable by way of benefit or medical care shall be a good discharge by the Minister of any amount so paid.

CHAPTER 7 Payments on Death

Payments on death

63. In the case of any benefit including medical care payment, on the death of any claimant or beneficiary, the Minister may allow such person as he or she may think fit to proceed with or to make a claim for such benefit or medical care payment in the name of such claimant or beneficiary.

Distribution of sum payable on death

64. (1) On the death of a claimant or beneficiary, any sum payable in respect of any benefit may be paid or distributed by the Minister without probate or other proof of title of the personal representative of the deceased as follows—

(a) where the claimant or beneficiary died leaving a will or other testamentary writing, the said sum may be paid or distributed to or among such of the persons appearing to be beneficially entitled thereto under the said will or testamentary writing as the Minister thinks proper and that to the exclusion of all others, without prejudice to any remedy which such others may have for recovery of the sum so paid or distributed as aforesaid against the person or persons receiving that sum,

(b) where the claimant or beneficiary died intestate, the said sum may be paid or distributed to or among such persons as appear to the Minister to be beneficially entitled thereto, whether as next-of-kin or otherwise according to law or as creditors (including any person entitled to be paid or repaid the funeral expenses of the beneficiary) or to or among such of the said persons as the Minister thinks fit and that to the exclusion of all others.

(2) The receipt of any person of the age of 16 years or upwards for any sum paid in accordance with this article shall be a good discharge to the Social Insurance Fund for the sum so paid.

(3) Where the Minister is satisfied that any sum or part thereof payable under this article is needed for the benefit of any person under the age of 16 years, he or she may obtain a good discharge therefor by paying the sum or part thereof to a person over that age who satisfies the Minister that he or she will apply the sum so paid for the benefit of the person under the age of 16 years.

(4) The Minister upon making any payment in accordance with this article shall be discharged from all liability in respect of any sum or sums so paid.

CHAPTER 8 Loss of Purchasing Power

Definitions

65. In this Chapter—

“arrears” means arrears of benefit due to a person in respect of the relevant period, having been reduced, where appropriate, in accordance with sections 204 or 247(11);

“benefit” means occupational injuries benefit, which shall comprise injury benefit, disablement benefit and death benefit;

“the Central Statistics Office” means the Central Statistics Office established by the Statistics Act 1993 (No. 21 of 1993);

“the consumer price index” means the All Items Consumer Price Index Number supplied by the Central Statistics Office;

“the relevant period” means the period referred to in article 66(2);

“the present index”—

(a) for the purposes of article 67, means the last available consumer price index on the date on which the arrears are paid, and

(b) for the purposes of article 68, means the last available consumer price index on the date on which the payment in respect of the loss of purchasing power is paid;

“the inflation factor” means a figure calculated in accordance with the following formula:

(present index / previous index) – 1;

“the previous index”—

(a) for the purposes of article 67(a), means the consumer price index appropriate to the end of the 12 month period or to the end of the period for which arrears are due if less than 12 months,

(b) for the purposes of article 67(b) and (c) means the consumer price index appropriate to each period for which a payment in respect of loss of purchasing power is being calculated, and

(c) for the purposes of article 68 means the consumer price index on the date arrears are paid.

Payment in respect of loss of purchasing power

66. (1) Payment in respect of the loss of purchasing power shall be made to a person who makes a claim for benefit (including any increase thereof) where—

(a) the payment of his or her claim is delayed for a period exceeding 12 months, and

(b) a deciding officer or an appeals officer, decides that the delay was due solely or mainly to circumstances within the control of the Department of Social and Family Affairs, and

(c) the person has not contributed to the delay.

(2) A payment under sub-article (1) shall be made in respect of such period as a deciding officer or an appeals officer decides that the delay continued, having regard to the facts of the case.

Calculation of amount

67. Payment to a person by virtue of article 66 shall be the sum of—

(a) an amount if any, calculated by multiplying the arrears due for the period of 12 months from the date of commencement of the relevant period by the inflation factor, plus

(b) an amount if any, calculated by multiplying the arrears due for each calendar quarterly period or part of a quarterly period thereafter, where the period occurs prior to 1 January 1997, by the inflation factor, plus

(c) an amount if any, calculated by multiplying the arrears due for each calendar month thereafter, where the period occurs on or after 1 January 1997, by the inflation factor.

Delay in issue of loss of purchasing power payment

68. In the case of a person to whom article 66 applies and to whom arrears have issued in advance of the payment in respect of the loss of purchasing power, the payment calculated in accordance with article 67, shall be increased, where appropriate, by the inflation factor.

Payment of an amount of costs

69. Where a person to whom article 66 applies has necessarily incurred incidental expenses as a result of the delay in payment of the benefit, he or she shall be entitled to a payment of the expenses in so far as they exceed €12.70 and subject to a maximum of €63.50 provided that he or she produces such evidence as may be required of such expenditure.

Rounding

70. The amount payable under this Chapter shall be rounded up to the nearest 10 cent where it is a multiple of 5 cent but not also a multiple of 10 cent and shall be rounded to the nearest 10 cent where it is not a multiple of 5 cent or 10 cent.

CHAPTER 9 Absence from State or imprisonment

Absence from State

71. (1) Notwithstanding section 249, a person who is absent from the State shall not be disqualified for receiving—

(a) death benefit (including any increases thereof), by reason only of the person being absent from the State,

(b) injury benefit (including any increase thereof) during such period as the Minister may allow, having regard to the circumstances of the case, if the absence is temporary and for the specific purpose of receiving treatment for incapacity which commenced before the person left the State,

(c) disablement benefit (other than any increase thereof) by reason only of the person being absent from the State,

(d) disablement pension by reason only of being absent from the State, including increases—

(i) under section 78 where constant attendance is required and the period of absence from the State does not exceed 6 months,

(ii) by way of incapacity supplement during such period as the Minister may allow having regard to the circumstances of the case if the absence is for the specific purpose of receiving treatment for incapacity which commenced before the person left the State or the absence is for a period in respect of which an increase is payable under section 78,

(iii) under section 76 in respect of a qualified child where the person is entitled to receive incapacity supplement.

(2) Funeral grant shall be payable in respect of a death occurring outside the State if the deceased, immediately before death was—

(a) employed in insurable (occupational injuries) employment, or

(b) entitled to and not disqualified for receiving injury benefit or disablement benefit.

(3) For the purposes of sub-article (2), a person shall be deemed to be entitled to injury benefit if he or she would, but for the failure to make a claim, have been so entitled.

Exception from disqualification during penal servitude, imprisonment or detention in legal custody

72. (1) (a) Section 249 shall not operate to disqualify a person for receiving any occupational injuries benefit (including, subject to paragraph (b), any increases thereof) in respect of any period during which the person is detained (other than in the case of a person found not guilty by reason of insanity under the provisions of the Criminal Law (Insanity) Act 2006 (No. 11 of 2006)) in any institution for the treatment of mental illness or infectious disease.

(b) No increase in respect of a qualified child shall be payable to a person to whom paragraph (a) applies.

(2) (a) Subject to paragraph (b), a person shall not be disqualified for receiving disablement benefit (other than any increase thereof) for any period during which he or she is undergoing penal servitude, imprisonment or detention in legal custody.

(b) The amount of disablement benefit payable by virtue of paragraph (a) by way of any disablement pension or pensions in respect of any period, other than a period in respect of which that person is excepted from disqualification by virtue of the provisions of sub-article (1), during which that person is and has continuously been undergoing penal servitude, imprisonment or detention in legal custody shall not exceed in the aggregate the amount of €3,000 or the total amount payable by way of such pension or all such pensions for a period of one year, whichever is the lesser amount.

(3) Subject to sub-article (1), section 249 shall not operate to disqualify a person undergoing a period of penal servitude, imprisonment or detention in legal custody—

(a) for receiving disablement benefit by way of gratuity, death benefit by way of orphan’s pension, widower’s gratuity or funeral grant,

(b) for receiving injury benefit, disablement benefit or death benefit (including any increase thereof), if—

(i) the detention is in respect of his or her being charged with a criminal offence, and

(ii) the charge is subsequently withdrawn or he or she is acquitted of the offence, and

(iii) in the case of injury benefit or disablement benefit, immediately before the detention he or she was entitled to the said benefit or would, but for sections 74(2) or 75(3) have been so entitled,

(c) for receiving injury benefit, disablement benefit or death benefit (including any increase thereof) if, in a case of imprisonment, the imprisonment is undergone as the alternative to payment of a fine.

(4) Subject to sub-article (1), section 249 shall not operate to prohibit payment of an increase in respect of a qualified adult under section 76 for any period during which the qualified adult is undergoing detention in legal custody if—

(a) the detention is in respect of his or her being charged with a criminal offence, and

(b) the charge is subsequently withdrawn or he or she is acquitted of the offence.

(5) (a) Subject to paragraph (b) and notwithstanding that a person, by reason of undergoing a period of penal servitude, imprisonment or detention in legal custody is disqualified by virtue of section 249 for receiving injury benefit or disablement pension which includes an increase in respect of a qualified adult or qualified child under section 76, or death benefit which includes an increase in respect of a qualified child under section 81, the increase shall be paid to any person appointed by the Minister to receive and deal with any sums payable on account of such increase for the benefit of the person or persons in respect of whom the increase is payable, and the receipt of any person so appointed shall be a good discharge to the Minister for any sum so paid.

(b) In the case of injury benefit or disablement pension, paragraph (a) shall apply only where the said person is a person detained in an institution for the treatment of mental illness or is a person who was entitled to such benefit or pension immediately before the commencement of any such period, or would, but for sections 74(2) or 75(3) have been so entitled.

Suspension of payment of benefit during penal servitude, imprisonment or detention in legal custody

73. (1) Subject to articles 72(1) and (5) and sub-article (2) of this article, the payment to any person of any occupational injuries benefit or increase of that benefit —

(a) which is excepted from the provisions of section 249 by virtue of the provisions of article 72, or

(b) which is payable otherwise than in respect of a period during which he or she is undergoing penal servitude, imprisonment or detention in legal custody,

shall be suspended while that person, or, in the case of an increase, the person in respect of whom the increase is payable, is undergoing penal servitude, imprisonment or detention in legal custody.

(2) Injury benefit, disablement benefit or death benefit to which sub-article (1) applies may be paid during any such period to any person appointed by the Minister to receive and deal with any sums payable on behalf of the beneficiary on account of that benefit, and the receipt of any person so appointed shall be a good discharge to the Minister and the Social Insurance Fund for any sum so paid.

(3) Where by virtue of sub-article (1) payment of disablement pension or death benefit by way of pension, is suspended for any period, the period of suspension shall not be taken into account in calculating any period under article 58.

CHAPTER 10 Funeral Grant

Claims and payments arrangements for funeral grants

74. (1) Article 64 shall not apply to funeral grant.

(2) A claim for funeral grant may be made by the personal representative of the deceased or, where there is no personal representative, by the husband or wife or any of the next-of-kin of the deceased or by any other person claiming to be entitled thereto.

(3) In any case where the deceased dies intestate, there is no known husband, wife or next-of-kin and the funeral expenses amount to less than the amount specified in section 84(1), the reference therein to the amount of death benefit payable by way of grant shall be construed as a reference to the amount of the funeral expenses.

(4) Any sum payable in respect of a funeral grant may be paid, without probate or other proof of title of the personal representative of the deceased, by the Minister to such person as appears to him or her to be entitled thereto as being beneficially entitled thereto under any testamentary instrument or as husband or wife or as next-of-kin, or as being a creditor of the deceased person.

(5) The receipt of any person of age 16 years or upwards for any sum paid in accordance with this article shall be a good discharge to the Minister and the Social Insurance Fund for the sum so paid.

(6) The Minister, upon making a payment in accordance with this article, shall be discharged from all liability in respect of any sum so paid but such payment shall be without prejudice to the right which any person may have in respect of any sum so paid against any person receiving that sum.

CHAPTER 11 Disqualifications

Disqualifications for injury benefit or disablement benefit

75. (1) A person shall be disqualified for receiving injury benefit or disablement benefit (including any increase thereof) for such period not exceeding 9 weeks as may be determined under the provisions of the Principal Act if he or she fails without good cause—

(a) to attend for, or to submit to, medical examination in accordance with sub-article (4),

(b) to submit to such medical treatment for the injury or loss of faculty as a result of which injury benefit or disablement benefit is claimed by or is payable to him or her, as is considered appropriate in his or her case by the registered medical practitioner in charge of the case or by a registered medical practitioner to whose examination the person has submitted in accordance with this article (provided that he or she shall not be disqualified for receiving injury benefit or disablement benefit for refusal to undergo a surgical operation not being one of a minor character).

(2) A person shall be disqualified for receiving injury benefit or an increase of disablement benefit by way of incapacity supplement for such period not exceeding 9 weeks as may be determined under the Act if he or she fails without good cause—

(a) to comply with any instructions relating to his or her incapacity issued by a registered medical practitioner attending on him or her or whom he or she attended for medical or other examination,

(b) to refrain from behaviour which is likely to hinder his or her recovery,

(c) to see an officer of the Minister and to answer any reasonable enquiries by any such officer relating to his of her claim.

(3) In any case to which sub-article (1) or sub-article (2) applies, proceedings on the claim for or the payment of injury benefit, disablement benefit, or an increase of disablement benefit by way of incapacity supplement, as the case may be, may be suspended for such period as may be determined under the provisions of the Principal Act.

(4) (a) An officer of the Minister may, on giving not less than 7 days notice in writing, require any person who claims or is entitled to injury benefit or disablement benefit to submit himself or herself to medical examination at such time and place as may be specified in the notice.

(b) Notice of the time and place of the examination referred to in paragraph (a), where such examination is of a person claiming or entitled to injury benefit or an increase of disablement benefit in respect of incapacity for work, shall also be sent to the registered medical practitioner in attendance on the person required to submit to such examination.

(c) Any reasonable and necessary travelling and other expenses (including, in the case of a person claiming or entitled to disablement benefit or an increase thereof, compensation for loss of remunerative time) incurred by a person in attending for, or submitting to, examination under paragraph (a) shall be paid by the Minister, who shall determine in any particular case what is a reasonable and necessary amount of expenses.

(5) A person may, with the prior written permission of an officer of the Minister and for a specified period of time undertake—

(a) work which is part-time and by way of rehabilitation or occupational therapy,

(b) where the person has become incapable of following his or her usual occupation a course of training with a view to fitting himself or herself to take up some other occupation.

(6) A person, claiming or in receipt of injury benefit, may engage in the following limited work without prior written permission or specified period of time—

(a) light work for which no remuneration is or would normally be payable,

(b) work undertaken primarily as a part of his or her treatment while he or she is a patient in, or of, a hospital, sanatorium, or other similar institution and his or her weekly earnings in respect of that work do not exceed €50,

(c) work under a scheme which is, in the opinion of the Minister, charitable in character and purpose and his or her weekly earnings in respect of that work do not exceed €50.

(7) A person, claiming or in receipt of an increase of disablement pension by way of incapacity supplement, shall do no work unless it be work in respect of which his or her earnings do not, on the average, exceed €33 a week.

Article 7

SCHEDULE 1 Weekly Rates of Injury Benefit Payable to Persons under the Age of 16 Years

Weekly Rate

(1)

(2)

(a) Where the relevant employment (if more than one) the relevant employments were, or amounted in the aggregate to, full-time employment or substantially full-time employment

185.80

(b) In any other case

88.90

Article 8

SCHEDULE 2 Prescribed Degree of Disablement

Description of Injury

Degree of Disablement

Per cent.

(1)

(2)

1. Loss of both hands or amputation at higher sites

100

2. Loss of a hand and a foot

100

3. Double amputation through leg or thigh, or amputation through leg or thigh on one side and loss of other foot

100

4. Loss of sight to such an extent as to render the claimant unable to perform any work for which eyesight is essential

100

5. Very severe facial disfigurement

100

6. Absolute deafness

100

7. Forequarter or hindquarter amputation

100

Amputation Cases — Upper Limbs (either arm)

8. Amputation through shoulder joint

90

9. Amputation below shoulder with stump less than 8 inches from tip of acromion

80

10. Amputation from 8 inches from tip of acromion to less than 4 inches below tip of olecranon

70

11. Loss of a hand or of the thumb and four fingers of one hand or amputation from 4 inches below tip of olecranon

60

12. Loss of thumb

30

13. Loss of thumb and its metacarpal bone

40

14. Loss of four fingers of one hand

50

15. Loss of three fingers of one hand

30

16. Loss of two fingers of one hand

20

17. Loss of terminal phalanx of thumb

20

Amputation Cases — Lower Limbs

18. Amputation of both feet resulting in end-bearing stumps

90

19. Amputation through both feet proximal to the metatarso-phalangeal joint

80

20. Loss of all toes of both feet through the metatarso-phalangeal joint

40

21. Loss of all toes of both feet proximal to the proximal interphalangeal joint

30

22. Loss of all toes of both feet distal to the proximal interphalangeal joint

20

23. Amputation at hip

90

24. Amputation below hip with stump not exceeding 5 inches in length measured from tip of great trochanter

80

25. Amputation below hip and above knee with stump exceeding 5 inches in length measured from tip of great trochanter, or at knee not resulting in end-bearing stump

70

26. Amputation at knee resulting in end-bearing stump or below knee with stump not exceeding 3 inches

60

27. Amputation below knee with stump exceeding 3 inches but not exceeding 5 inches.

50

28. Amputation below knee with stump exceeding 5 inches

40

29. Amputation of one foot resulting in end-bearing stump

30

30. Amputation through one foot proximal to the metatarso-phalangeal joint

30

31. Loss of all toes of one foot through the metatarso-phalangeal joint

20

Other Injuries

32. Loss of one eye, without complications, the other being normal

40

33. Loss of vision of one eye, without complications or disfigurement of eyeball, the other being normal

30

A Loss of: Fingers of right or left hand

Index Finger

34. Whole

14

35. Two phalanges

11

36. One phalanx

9

37. Guillotine amputation of tip without loss of bone

5

Middle Finger

38. Whole

12

39. Two phalanges

9

40. One phalanx

7

41. Guillotine amputation of tip without loss of bone

4

Ring or Little Finger

42. Whole

7

43. Two phalanges

6

44. One phalanx

5

45. Guillotine amputation of tip without loss of bone

2

B. Loss of Toes of Right or Left Foot

Great toe

46. Through metatarso-phalangeal joint

14

47. Part, with some loss of bone

3

Any other toe

48. Through metatarso-phalangeal joint

3

49. Part, with some loss of bone

1

Two Toes of One Foot, excluding Great Toe

50. Through metatarso-phalangeal joint

5

51. Part, with some loss of bone

2

Three toes of One Foot, excluding Great Toe

52. Through metatarso-phalangeal joint

6

53. Part, with some loss of bone

3

Four Toes of One Foot, excluding Great Toe

54. Through metatarso-phalangeal joint

9

55. Part, with some loss of bone

3

Articles 9 and 10

SCHEDULE 3 Scale of Disablement Gratuities and of Weekly Rates of Pension in Lieu of Disablement Gratuities

Degree of Disablement

Amount of Gratuity

Weekly Rate of Pension

(1)

(2)

(3)

Per Cent

1

1,518

2.20

2

2,277

4.30

3

3,036

6.50

4

3,795

8.70

5

4,554

10.80

6

5,313

13.00

7

6,072

15.20

8

6,831

17.40

9

7,590

19.50

10

8,349

21.70

11

9,108

23.90

12

9,867

26.00

13

10,626

28.20

14

11,385

30.40

15

12,144

32.50

16

12,903

34.70

17

13,662

36.90

18

14,421

39.00

19

15,180

41.20

SCHEDULE 4 PART 1 Description of Each Prescribed Disease or Injury and Nature of Employment in Respect of Which it is Prescribed

Description of Disease or Injury

Occupation

(1)

(2)

A

Conditions due to physical agents

Any occupation involving:

1(a).

Bursitis or subcutaneous cellulites arising at or about the elbow or the knee due to severe or prolonged external friction or pressure at or about the elbow or the knee respectively (beat elbow or beat knee)

Manual labour causing severe or prolonged external friction or pressure at or about the elbow or the knee respectively.

1(b).

Subcutaneous cellulites of the hand (beat hand)

Manual labour causing severe or prolonged friction or pressure on the hand.

2.

Byssinosis

Work in any room where any process up to and including the weaving process is performed in a factory in which the spinning or manipulation of raw or waste cotton or flax or the weaving of cotton or flax is carried on.

3.

Carcinoma of the nasal cavity or associated air sinuses (nasal carcinoma)

(a) Attendance for work in or about a building where wooden goods are manufactured or repaired; or

(b) attendance for work in a building used for the manufacture of footwear or components of footwear made wholly or partly of leather or fibre board; or

(c) attendance for work at a place used wholly or mainly for the repair of footwear made wholly or partly of leather or fibre board.

4.

Cramp of the hand or forearm due to repetitive movements

Prolonged periods of handwriting, typing or other repetitive movements of the fingers, hand or arm.

5.

Disease or injury caused by electro-magnetic or ionizing radiations

Exposure to electro-magnetic or ionizing radiations.

6.

Dysbarism, including decompression sickness, barotrauma and osteonecrosis

Subjection to compressed or rarified air or other respirable gases or gaseous mixtures.

7.

Pneumoconiosis

Any occupation set out in Part 2 of the Schedule.

8.

Heat cataract

Frequent or prolonged exposure to rays from molten or red hot material.

9.

Miner’s nystagmus

Work in or about a mine.

10.

Diffuse mesothelioma (primary neoplasm of the mesothelium of the pleura or of the pericardium or of the peritoneum)

(a) The working or handling of asbestos or any admixture of asbestos; or

(b) the manufacture or repair of asbestos textiles or other articles containing or composed of asbestos; or

(c) the cleaning of any machinery or plant used in any of the foregoing operations and of any chambers, fixtures or appliances for the collection of asbestos dust; or

(d) substantial exposure to the dust arising from any of the foregoing operations.

11.

Substantial sensorineural hearing loss amounting to at least 50 decibels in each ear, being due in the case of at least one ear to occupational noise, and being the average of pure tone losses measured by audiometry over the 1, 2 and 3 kilohertz frequencies (occupational deafness)

(a) The use of or work wholly or mainly in the immediate vicinity of pneumatic percussive tools or high-speed grinding tools, in the cleaning, dressing or finishing of cast metal or of ingots, billets or blooms; or

(b) the use of or work wholly or mainly in the immediate vicinity of pneumatic percussive tools on metal in the shipbuilding or ship repairing industries; or

(c) the use of or work in the immediate vicinity of pneumatic percussive tools on metal, or for drilling rock in quarries or underground, or in mining coal, for at least an average of one hour per working day; or

(d) work wholly or mainly in the immediate vicinity of drop forging plant (including plant for drop-stamping or drop-hammering) or forging press plant engaged in the shaping of metal; or

(e) work wholly or mainly in rooms or sheds where there are machines engaged in weaving man-made or natural (including mineral) fibres or in the bulking up of fibres in textile manufacturing; or

(f) the use of, or work wholly or mainly in the immediate vicinity of machines engaged in cutting, shaping or cleaning metal nails; or

(g) the use of, or work wholly or mainly in the immediate vicinity of plasma spray guns engaged in the deposition of metal; or

(h) the use of or work wholly or mainly in the immediate vicinity of, any of the following machines engaged in the working of wood or material composed partly of wood, that is to say: multicutter moulding machines, planing machines, automatic or semi-automatic lathes, multiple crosscut machines, automatic shaping machines, double-end tenoning machines, vertical spindle moulding machines (including high speed routing machines), edge banding machines, band-sawing machines with a blade width of not less than 75 millimetres and circular sawing machines in the operation of which the blade is moved towards the material being cut; or

(i) the use of chain saws in forestry; or

(j) work wholly or mainly in the setting, tuning or testing of aircraft engines or in the immediate vicinity of such work.

12.

Traumatic inflammation of the tendons of the hand or forearm or of the associated tendon sheaths

Manual labour, or frequent or repeated movements of the hand or wrist.

13.

Vibration-induced white finger

(a) The use of chain saws in forestry work; or

(b) the use of percussive, grinding or other rotary tools; or

(c) the use of pounding machines; or

(d) the holding of materials being worked on by percussive tools.

14.

Ulnar nerve neuritis

Prolonged external pressure at or about the elbow.

15.

Carpal tunnel syndrome

(a) The use of hand held power tools, but excluding those which are solely powered by hand, whose parts vibrate so as to transmit that vibration to the hand, or

(b) repetitive and forceful work causing abnormal pressure on the wrist over a prolonged period.

16.

Lateral epicondylitis

Over a prolonged period, repeated and forceful rotational movements of the forearm with the hand extended.

B

Conditions due to biological agents

1.

Ankylostomiasis

Work in or about a mine

2.

Anthrax

Contact with animals infected with anthrax or with such animal products or residues or the handling (including the loading or unloading or transport) of merchandise contaminated by such animals, products or residues.

3.

Glanders

Contact with equine animals or their carcasses.

4.

Infection by leptospira

(a) Work in places which are or are liable to be infested by rats or field mice, voles or other small mammals; or

(b) work at dog kennels or the care or handling of dogs; or

(c) contact with bovine animals or their meat products or pigs or their meat products.

5.

Infection by organisms of the genus brucella

Contact with—

(a) animals infected by brucella or their carcasses or parts therof or their untreated products; or

(b) laboratory specimens or vaccines of or containing brucella.

6.

Infection by streptococcus suis

Contact with pigs infected by streptococcus suis, or with the carcasses, products or residues of pigs so infected.

7.

Extrinsic allergic alveolitis (including farmer’s lung)

Exposure to mould or fungal spores or heterologous proteins by reason of employment in—

(a) agriculture or horticulture, forestry, cultivation of edible fungi or maltworking; or

(b) loading or unloading or handling in storage mouldy vegetable matter or edible fungi; or

(c) caring for or handling birds; or

(d) handling bagasse.

8.

Tuberculosis

Close and frequent contact with a source of tuberculous infection.

9.

Viral hepatitis

Contact with—

(a) human blood or human blood products; or

(b) a source of viral hepatitis.

10.

Non-endemic infectious or parasitic diseases

Contact with a source of any such disease.

C.

Conditions due to chemical agents.

1(a)1(b).1(c).

Angiosarcoma of the liverOsteolysis of the terminal phalanges of the fingersNon-cirrhotic portal fibrosis

(a) Work in or about machinery or apparatus used for the polymerization of vinyl chloride monomer, a process which for the purposes of this provision, comprises all operation up to and including the drying of the slurry produced by the polymerization and the packaging of the dried product; or

(b) work in a building or structure in which any part of that process takes place.

2(a).2(b).

Carcinoma of the mucous membrane of the nose or associated air sinusesPrimary carcinoma of a bronchus or of a lung

Work in a factory where nickel is produced by decomposition of a gaseous nickel compound which necessitates working in or about a building or buildings where that process or any other industrial process ancillary or incidental thereto is carried on.

3.

Dystrophy of the cornea (including ulceration of the corneal surface) of the eye

(a) The use or handling of, or exposure to, arsenic or tar, pitch, bitumen, mineral oil (including paraffin) or soot, or any compound, product or residue of any of these substances except quinone or hydroquinone; or(b) exposure to quinone or hydroquinone during their manufacture.

4(a).4(b).

Localised new growth of the skin, papillomatous or keratoticSquamous-celled carcinoma of the skin

The use or handling of, or exposure to, arsenic, tar, pitch, bitumen, mineral oil (including paraffin), soot or any compound, product or residue of any of these substances, except quinone or hydroquinone.

5.

Occupational vitiligo

The use or handling of, or exposure to, para-tertiary-butylphenol or para-tertiary-butylcathecnol or para-amyl-phenol, hydroquinone or the monobenzyl or monobutyl ether of hydroquinone.

6.

Primary neoplasm (including papilloma, carcinoma-in-situ and invasive carcinoma) of the epithelial lining of the urinary tract (renal, pelvis, ureter, bladder, urethra)

(a) Work in a building in which any of the following substances is produced for commercial purposes—

(i) alpha-naphthylamine or beta-naphthylamine or methylene-bis-orthochloro-aniline;

(ii) diphenyl substituted by a least one nitro or primary amino group or by at least one nitro and primary amino group (including benzidine);

(iii) any of the substances mentioned in sub-paragraph (ii) above if further ring substituted by halogeno, methyl or methoxy groups, but not by other groups;

(iv) the salts of any of the substances mentioned in sub-paragraphs (i) to (iii) above;

(v) auramine or magenta; or

(b) the use or handling of any of the substances mentioned in sub-paragraph (a)(i) to (iv), or work in a process in which any such substance is used or handled or liberated; or

(c) the maintenance or cleaning of any plant or machinery used in any such process as is mentioned in sub-paragraph (b), or the cleaning of clothing used in any such building as is mentioned in sub-paragraph (a) if such clothing is cleaned within the works of which the building forms a part or in a laundry maintained and used solely in connection with such works.

7.

Poisoning by acrylamide monomer

The use or handling of, or exposure to acrylomide monomer.

8.

Poisoning by arsenic or a compound of arsenic

The use or handling of, or exposure to the fumes, dust or vapour of, arsenic, or a compound of arsenic or a substance containing arsenic.

9.

Poisoning by benzene or a homologue of benzene

The use or handling of, or exposure to the fumes of, or vapour containing, benzene or any of its homologues.

10.

Poisoning by beryllium or a compound of beryllium

The use or handling of, or exposure to the fumes, dust or vapour of, beryllium or a compound of beryllium or a substance containing beryllium.

11.

Poisoning by cadmium or its toxic compounds

Exposure to the dust or fumes of cadmium or its toxic compounds.

12.

Poisoning by carbon bisulphide

The use or handling of, or exposure to the fumes or vapour of, carbon bisulphide or a compound of carbon bisulphide or a substance containing carbon bisulphide.

13.

Poisoning by chlorinated naphthalene

The use or handling of, or exposure to the fumes of, or dust or vapour containing, chlorinated naphthalene.

14.

Poisoning by chrome or its toxic compounds

Exposure to the risk of poisoning by chrome or its toxic compounds.

15.

Poisoning by diethylene dioxide (dioxan)

The use or handling of, or exposure to the fumes of, or vapour containing, diethylene dioxide (dioxan).

16.

Poisoning by dinitrophenol or a homologue of dinitrophenol, or by substituted dinitrophenols or by the salts of such substances

The use or handling of, or exposure to the fumes of, or vapour containing, dinitrophenol or a homologue or substituted dinitrophenols or the salts of such substances.

17.

Poisoning by gonioma kamassi (African boxwood)

The manipulation of gonioma kamassi, or any process in or incidental to the manufacture of articles therefrom.

18.

Poisoning by lead or a compound of lead

The use or handling of, or exposure to the fumes, dust or vapour of, lead or a compound or a substance containing lead.

19.

Poisoning by manganese or a compound of manganese

The use or handling of, or exposure to the fumes, dust or vapour of manganese or a substance containing manganese.

20.

Poisoning by mercury or a compound of mercury

The use of, or handling or exposure to the fumes, dust or vapour of, mercury or a compound of mercury or a substance containing mercury.

21.

Poisoning by nickel carbonyl

Exposure to nickel carbonyl gas.

22.

Poisoning by nitro- or amino- or chloro- derivatives of benzene or of a homologue of benzene or poisoning by nitrochlorbenzene

The use or handling of, or exposure to the fumes of, or vapour containing, a nitro- or amino- or chloro-derivative of benzene or nitrochlorbenzene.

23.

Poisoning by oxides of nitrogen

Exposure to oxides of nitrogen.

24.

Poisoning by phosphorus or an inorganic compound of phosphorus or poisoning due to the anticholinesterase or pseudo anticholinesterase action of organic phosphorus compounds

The use or handling of, or exposure to the fumes, dust or vapour of, phosphorus or a compound of phosphorus or a substance containing phosphorus.

25.

Poisoning by the toxic halogen derivatives of hydrocarbons of the aliphatic series

The use or handling of, or exposure to the fumes of, or vapour containing, toxic halogen derivatives of hydrocarbons of the aliphatic series.

26.

Poisoning by fluorine or its toxic compounds

Exposure to fluorine or its toxic compounds.

27.

Poisoning by alcohols, glycols or ketones

The use or handling of, or exposure to the fumes or vapour of, alcohols, glycols or ketones, used as solvents or dilutants.

28.

Poisoning by carbon monoxide, hydrogen cyanide or its toxic derivatives, or hydrogen sulphide

Exposure to the fumes or vapour of, carbon monoxide, hydrogen cyanide or its toxic derivatives, or hydrogen sulphide.

29.

Poisoning by nitroglycerine or nitroglycol

The use or handling of, or exposure to the fumes, dust or vapour of nitroglycerine or nitroglycol, or, a substance containing nitroglycerine or nitroglycol.

30.

Latex allergy

Exposure to latex in respect of work in human healthcare.

D

Miscellaneous conditions

1.

Asthma which is due to exposure to any of the following agents:(a) animals or insects used for the purposes of research or education or in laboratories;

Exposure to any of the agents set out in the second column of this paragraph.

(b) dusts arising from the sowing or cultivation, harvesting, drying, handling, milling, transport or storage of, barley, oats, rye, wheat or maize, or the handling, milling, transport or storage of, meal or flour made therefrom;

(c) fumes or dusts arising from the manufacture or transport or use of, hardening agents (including epoxy resin curing agents) based on phthalic anhydride or tetrachlorophthalic anhydride, trimellitic anhydride or triethylenetetramine;

(d) fumes arising from the use of rosin as a soldering flux;

(e) isocyanates;

(f) platinum salts;

(g) proteolytic enzymes;

(h) red cedar wood dust;

(occupational asthma)

2.

Inflammation or ulceration of the mucous membrane of the upper respiratory passages or mouth produced by dust or liquid or vapour

Exposure to dust or liquid or vapour.

3.

Non-infective dermatitis of external origin (including chrome ulceration of the skin but excluding dermatitis due to ionizing particles or electro-magnetic radiations other than radiant heat)

Exposure to dust or liquid or vapour or any other external agent capable of irritating the skin (including friction or heat, but excluding ionizing particles or electro-magnetic radiations other than radiant heat).

PART 2 Nature of employment in respect of which Pneumoconiosis is prescribed

(A) Occupations to which articles 20(b)(i) and 24(2)(b)(ii) refer

1. Any occupation involving—

(a) the mining, quarrying or working of silica rock or the working of dried quartzose sand or any dry deposit or dry residue of silica or any dry admixture containing such materials (including any occupation in which any of the aforesaid operations are carried out incidentally to the mining or quarrying of other minerals or to the manufacture of articles containing crushed or ground silica rock); or

(b) the handling of any of the materials specified in subparagraph (a) in or incidental to any of the operations mentioned therein, or substantial exposure to the dust arising from such operations.

2. Any occupation involving the breaking, crushing or grinding of flint or the working or handling of broken, crushed, or ground flint or materials containing such flint, or substantial exposure to the dust arising from any such operations.

3. Any occupation involving sand blasting by means of compressed air with the use of quartzose sand or crushed silica rock or flint, or substantial exposure to the dust arising from such sand blasting.

4. Any occupation involving work in a foundry or the performance of, or substantial exposure to the dust arising from, any of the following operations—

(a) the freeing of steel castings from adherent siliceous substance;

(b) the freeing of metal castings from adherent siliceous substance—

(i) by blasting with an abrasive propelled by compressed air, by steam or by a wheel; or

(ii) by the use of power-driven tools.

5. Any occupation in or incidental to the manufacture of china or earthenware (including sanitary earthenware, electrical earthenware and earthenware tiles), and any occupation involving substantial exposure to the dust arising therefrom.

6. Any occupation involving the grinding of mineral graphite or substantial exposure to the dust arising from such grinding.

7. Any occupation involving the dressing of granite or any igneous rock by masons, or the crushing of such materials, or substantial exposure to the dust arising from such operations.

8. Any occupation involving the use, or preparation for use, of a grindstone, or substantial exposure to the dust arising therefrom.

9. Any occupation involving—

(a) the working or handling of asbestos or any admixture of asbestos; or

(b) the manufacture or repair of asbestos textiles or other articles containing or composed of asbestos; or

(c) the cleaning of any machinery or plant used in any of the foregoing operations and of any chambers, fixtures or appliances for the collection of asbestos dust; or

(d) substantial exposure to the dust arising from any of the foregoing operations.

10. Any occupation involving—

(a) work underground in any mine in which one of the objects of the mining operations is the getting of any mineral; or

(b) the working or handling above ground at any coal or tin mine of any minerals extracted therefrom, or any operation incidental thereto; or

(c) the trimming of coal in any ship, barge or lighter, or in any dock or harbour or at any wharf or quay; or

(d) the sawing, splitting or dressing of slate, or any operation incidental thereto.

11. Any occupation in or incidental to the manufacture of carbon electrodes by an industrial undertaking for use in the electrolytic extraction of aluminium from aluminium oxide, and any occupation involving substantial exposure to the dust arising therefrom.

12. Any occupation involving boiler scaling or substantial exposure to dust arising therefrom.

(B) Occupations to which article 20(b)(ii) refers—

Any other occupation involving exposure to mineral dust.

Article 21

SCHEDULE 5

PART 1 Assessment of the Extent of Occupational Deafness

Average hearing loss (dB) over 1, 2 and 3 kHz

Degree of disablement per cent

(1)

(2)

50 — 53 dB

20

54 — 60 dB

30

61 — 66 dB

40

67 — 72 dB

50

73 — 79 dB

60

80 — 86 dB

70

87 — 95 dB

80

95 — 105 dB

90

106 dB or more

100

PART 2 Formula for calculating Binaural Disablement

((Degree of Disablement of better ear x 4) + (Degree of Disablement of worse ear)) / 5

Article 5

SCHEDULE 6 Revocations

S.I. Number

Regulations

Extent of Revocation

(1)

(2)

(3)

S.I. No. 374 of 1952

Social Welfare (Claims and Payments) Regulations 1952

The whole Regulations

S.I. No. 60 of 1956

Workmen’s Compensation Act 1934 (Industrial Disease) Order 1956

The whole Regulations

S.I. No. 97 of 1960

Workmen’s Compensation (Modifications Pursuant to Reciprocal Arrangements) (Great Britain) Order 1960

The whole Regulations

S.I. No. 214 of 1964

Workmen’s Compensation (Modifications Pursuant to Reciprocal Arrangements) (Northern Ireland) Order 1964

The whole Regulations

S.I. No. 269 of 1965

Workmen’s Compensation Act 1934 (Certifying Surgeons and Medical Referees) Order 1934 (Amendment) Order 1965

The whole Regulations

S.I. No. 77 of 1967

Social Welfare (Occupational Injuries) Regulations 1967

The whole Regulations

S.I. No. 80 of 1967

Social Welfare (Insurable (Occupational Injuries) Employment) Regulations 1967

The whole Regulations

S.I. No. 85 of 1967

Social Welfare (Claims and Payments) (Amendment) Regulations 1967

The whole Regulations

S.I. No 92 of 1967

Social Welfare (Occupational Injuries) (Medical Care) Regulations 1967

The whole Regulations

S.I. No. 183 of 1969

Social Welfare (Occupational Injuries) (Amendment) Regulations 1969

The whole Regulations

S.I. No. 206 of 1970

Social Welfare (Occupational Injuries) (Amendment) Regulations 1970

The whole Regulations

S.I. No. 233 of 1971

Social Welfare (Claims and Payments) (Amendment) Regulations 1971

The whole Regulations

S.I. No. 219 of 1972

Social Welfare (Occupational Injuries) (Amendment) Regulations 1972

The whole Regulations

S.I. No. 277 of 1972

Social Welfare (Claims and Payments) (Amendment) Regulations 1972

The whole Regulations

S.I. No. 182 of 1973

Social Welfare (Occupational Injuries) (Amendment) Regulations 1973

The whole Regulations

S.I. No. 243 of 1974

Social Welfare (Occupational Injuries) (Amendment) (No. 2) Regulations 1974

The whole Regulations

S.I. No. 96 of 1977

Social Welfare (Occupational Injuries) (Amendment) Regulations 1977

The whole Regulations

S.I. 316 of 1977

Social Welfare (Occupational Injuries) (Amendment) (No. 2) Regulations 1977

The whole Regulations

S.I. No. 89 of 1978

Social Welfare (Occupational Injuries) (Amendment) Regulations 1978

The whole Regulations

S.I. No. 99 of 1979

Social Welfare (Occupational Injuries) (Amendment) Regulations 1979

The whole Regulations

S.I. No. 326 of 1979

Social Welfare (Occupational Injuries) (Amendment) (No. 2) Regulations 1979

The whole Regulations

S.I. No. 83 of 1980

Social Welfare (Occupational Injuries) (Amendment) Regulations 1980

The whole Regulations

S.I. No. 136 of 1981

Social Welfare (Occupational Injuries) Regulations 1981

The whole Regulations

S.I. No. 340 of 1981

Social Welfare (Occupational Injuries) (Amendment) Regulations 1981

The whole Regulations

S.I. No. 78 of 1982

Social Welfare (Occupational Injuries) (Amendment) Regulations 1982

The whole Regulations

S.I. No. 157 of 1983

Social Welfare (Occupational Injuries) (Amendment) Regulations 1983

The whole Regulations

S.I. No. 391 of 1983

Social Welfare (Occupational Injuries) (No. 2) Regulations 1983

The whole Regulations

S.I. No. 392 of 1983

Social Welfare (Occupational Injuries) (Prescribed Diseases) Regulations 1983

The whole Regulations

S.I. No. 102 of 1985

Social Welfare (Occupational Injuries) (Prescribed Diseases) (Amendment) Regulations 1985

The whole Regulations

S.I. No. 81 of 1986

Social Welfare (Amendment of Miscellaneous Social Insurance Provisions) Regulations 1986

The whole Regulations

S.I. No. 237 of 1986

Social Welfare (Amendment of Miscellaneous Social Insurance Provisions) (No. 2) Regulations 1986

The whole Regulations

S.I. No. 114 of 1990

Social Welfare (Miscellaneous Provisions) Regulations 1990

The whole Regulations

S.I. No. 247 of 1990

Social Welfare (Claims and Payments) (Amendment) Regulations 1990

The whole Regulations

S.I. No. 206 of 1991

Social Welfare (Amendment of Miscellaneous Social Insurance Provisions) Regulations 1991

The whole Regulations

S.I. No. 82 of 1992

Social Welfare (Occupational Injuries) (Amendment) Regulations 1992

The whole Regulations

S.I. No. 83 of 1992

Social Welfare (Insurable (Occupational Injuries) Employment) (Amendment) Regulations 1992

The whole Regulations

S.I. No. 177 of 1993

Social Welfare (Insurable (Occupational Injuries) Employment) (Amendment) Regulations 1993

The whole Regulations

S.I. No. 137 of 1995

Social Welfare (Occupational Injuries) (Amendment) Regulations 1995

The whole Regulations

S.I. No. 171 of 1996

Social Welfare (Occupational Injuries) (Amendment) Regulations 1996

The whole Regulations

S.I. No. 235 of 1997

Social Welfare (Occupational Injuries) (Amendment) Regulations 1997

The whole Regulations

S.I. No. 182 of 1998

Social Welfare (Occupational Injuries) (Amendment) Regulations 1998

The whole Regulations

S.I. No. 163 of 1999

Social Welfare (Occupational Injuries) (Amendment) Regulations 1999

The whole Regulations

S.I. No. 102 of 2001

Social Welfare (Occupational Injuries) (Amendment) Regulations 2001

The whole Regulations

S.I. No. 617 of 2001

Social Welfare (Occupational Injuries) (Amendment) (No. 1) (Euro) Regulations 2001

The whole Regulations

S.I. No. 652 of 2001

Social Welfare (Occupational Injuries) (Amendment) (No. 2) Regulations 2001

The whole Regulations

S.I. No. 628 of 2002

Social Welfare (Occupational Injuries) (Amendment) Regulations 2002

The whole Regulations

S.I. No. 234 of 2003

Social Welfare (Occupational Injuries) (Prescribed Diseases) (Amendment) Regulations 2003

The whole Regulations

S.I. No. 183 of 2005

Social Welfare (Occupational Injuries) (Prescribed Diseases) (Amendment) Regulations 2005

The whole Regulations

S.I. No. 694 of 2006

Social Welfare (Occupational Injuries) (Amendment) Regulations 2006

The whole Regulations

/images/ls

GIVEN under my official seal

6 March 2007

SÉAMUS BRENNAN

Minister for Social and Family Affairs

The Minister for Finance hereby consents to the making of the foregoing regulations.

/images/ls

GIVEN under my official seal

6 March 2007

BRIAN COWEN

Minister for Finance

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

These regulations consolidate the regulatory provisions governing Occupational Injuries Benefits, relating to—

• Occupational Injuries,

• Prescribed Diseases, and

• General provisions for Claims and Payments.